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We intend to seek permission to appeal to the Supreme Court so that it can do so.”“The reality is that the UK has breached fundamental EU laws relating to environmental impact assessment and the precautionary principle in order to permit shale gas production under the disguise of ‘exploration’.

It is clear now that fracking is an unpopular and wholly uncertain way to extract an unwanted fossil fuel.

Mr Javid overruled the council and granted planning permission, on the recommendation of a planning inspector.

Marc Willers QC of Garden Court Chambers, who also represented Mr Frackman, said: “This is the first case in which a court has had to consider whether planning permission can be granted for shale gas exploration wells without the need to take account of the greenhouse gas emissions that will result from shale gas production at the same wells.

“It is important that this issue is considered by the Supreme Court at a time when the shale gas industry is still in its infancy.

It wholly contradicts the government’s latest commitment to hold our environment in trust for the next generation.

If the UK is genuine about its 25 year environment plan and clean growth strategy then it must abandon the folly of fracking and focus on supporting and developing renewable energy.” If Mr Frackman’s team were allowed to argue its case in the Supreme Court and it was successful, the Government would have to reconsider its decision to approve Cuadrilla’s Preston New Road plans.